Gamble v. Southern Desert Correctional et al

Filing 103

ORDER granting 102 Fourth Stipulation to Extend Discovery Deadlines. Discovery due by 12/15/2020. Motions due by 1/15/2021. Proposed Joint Pretrial Order due by 2/15/2021. Signed by Magistrate Judge Cam Ferenbach on 9/14/2020. (Copies have been distributed pursuant to the NEF - DRS)

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M. Caleb Meyer, Esq.
Nevada Bar No. 13379
Renee M. Finch, Esq.
Nevada Bar No. 13118
Lauren D. Calvert, Esq.
Nevada Bar No. 10534
MESSNER REEVES LLP
8945 West Russell Road, Suite 300
Las Vegas, Nevada 89148
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ESTATE OF CLARENCE GAMBLE, by and
through its Special Administrator, BERNITA
LUJAN

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Plaintiff,

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Vs.

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SOUTHERN DESERT CORRECTIONAL
CENTER, et al.,

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CASE NO: 2:15-cv-00619-JAD-VCF

STIPULATION AND ORDER TO
EXTEND DISCOVERY
(Fourth Request)

Defendants.

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Pursuant to LR 6-1 and LR 26-4, the Parties, through their respective attorneys

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of record, hereby stipulate and request that this court extend the discovery deadlines in the

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above-captioned case ninety days. In support of this stipulation and request, the parties state

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as follows:
I.

DISCOVERY COMPLETED TO DATE
1.

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The parties served and responded to written discovery.

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2.
3.

The parties attended a settlement conference.

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The parties engaged in motion practice.

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The parties have served subpoena duces tecum on medical providers.

The parties are working together to schedule further depositions.

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II.

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WHY REMAINING DISCOVERY HAS NOT BEEN COMPLETED
This case was filed in 2015 by Plaintiff Clarence Gamble as a pro se inmate. The

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parties attended mediation on August 30, 2019, with the Hon. Magistrate Judge Cam

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Ferenbach. The parties did not resolve the matter. On that same date, while preparing to travel

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back to the correctional facility in which Plaintiff was housed, Plaintiff unexpectedly passed

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away. Special administration for Plaintiff’s Estate has been accomplished. However, because

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of the COVID-19 pandemic, the parties have experienced difficulty setting the depositions of
Defendants in this matter. Three of the four Defendants are unable to have their depositions
conducted by videoconference, but the parties have located a facility in which the depositions

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can be safely conducted. The parties have now set all depositions. The parties are also

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exploring whether the matter can be resolved.

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III.

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DISCOVERY REMAINING
1.

Depositions of Defendants and treatment providers.

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Further written discovery.

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3.

Acquisition of medical records.

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4.

Any other discovery the parties deem necessary as the case progresses.

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IV.

EXTENSION OR MODIFICATION OF THE DISCOVERY PLAN AND
SCHEDULING ORDER

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LR 26-4 governs modifications of extensions of the Discovery Plan and Scheduling

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Order. Any stipulation made less than twenty-one days before the expiration of the subject

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deadline must comply fully with LR 26-4.

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The following is a list of the current discovery deadlines and the parties’ proposed

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extended deadlines.
ACTIVITY

DATE

PROPOSED DEADLINE

Amend Pleadings or Add
Parties
Expert Disclosures Pursuant
to Fed.R.Civ.P. 26(a)(2)
Rebuttal Expert Disclosure
Pursuant to
Fed.R.Civ.P. 26(a)(2)
Discovery Cut-Off Date

July 30, 2018

Passed

April 16, 2020

Passed

May 18, 2020

Passed

September 15, 2020

December 15, 2020

Dispositive Motions

October 15, 2020

January 15, 2020

Joint Pretrial Order

November 16, 2020

February 15, 2021

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The parties shall file the interim status report required by LR 26-3 by October 15, 2020.

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This is no later than sixty days before the close of discovery.
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In the event that dispositive motions are filed, the date for filing the Joint Pre-Trial

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Order shall be suspended until thirty days after a decision on the dispositive motions or further

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order of the Court. The disclosures required by Rule 26(a)(3) and any objection hereto shall

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be included in the Pre-Trial Order.
This request for an extension of time is not sought for any improper purpose or other
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purpose of delay. The parties have worked together at moving discovery forward and have
worked to get this case moving forward, but the fact of this being a 2015 case, the matter

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having been stayed for a considerable amount of time, discovery having been re-opened

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following the denial of Plaintiffs’ Motion for Summary Judgment and appointment of pro

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bono counsel, the time for appointment of pro bono counsel, Plaintiff being an inmate and

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subsequently dying and the COVID-19 outbreak has made things more difficult and caused
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delays not necessarily present in some other cases. The parties submit the foregoing
constitutes good cause and excusable neglect.

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This is the fourth request for extension of time in this matter. The parties respectfully

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submit that the reasons set forth above constitute compelling reasons for the discovery
extension.

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WHEREFORE, the parties respectfully request that this court extend the discovery

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period by ninety days, from the current deadline of September 15, 2020 up to and including

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December 15, 2019, and the other discovery dates as outlined in accordance with the table

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above.

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DATED this 11th day of September, 2020.

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MESSNER REEVES LLP

/s/ Lauren D. Calvert, Esq.
LAUREN CALVERT, ESQ.
24
8945 West Russell Road, Ste. 300
25 Las Vegas, Nevada 89148
[phone]
26 Attorneys for Plaintiff
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OFFICE OF THE ATTORNEY GENERAL
/s/ Matthew P. Feeley, Esq.
MATTHEW P. FEELEY, ESQ.
Nevada Bar No. 13336
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
[phone] (phone)
Email: [e-mail]
Attorneys for Defendants

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ORDER
IT IS SO ORDERED.

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_____________________________________
UNITED STATES MAGISTRATE JUDGE
9-14-2020
Dated: _______________________

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